Uganda joined the rest of the world on December 12 2018 to celebrate the International Human Rights Day presided over the by the Chief Justice, Hon. Justice Bart Katureebe. The event was preceded by a march around Kampala city that drew participation from JLOS institutions, development partners, human rights defenders, the media and members of parliament.

The Uganda Human Rights Commission is deeply concerned about the general escalation of killings in the country which have been prevalent in the last three months. The Commission condemns them in the strongest terms possible. The Commission has noted the reports about the gruesome killings occurring in Greater Masaka area, especially in Lwengo, Bukomansimbi, Kalungu and Masaka Districts and spreading to some parts of Kampala and Kayunga District. Our attention was also drawn to the Monitor Newspaper reports in March this year about the alleged killings in Teso sub region.

Not only have the attackers caused loss of lives, they have left many victims with injuries and allegedly raped others. A case in point is in Masaka, where in the most recent attacks at Kyabakuza, a suburb of Masaka Municipality, the thugs struck three families causing death and injuries as well as raping some women.

Out of concern, the Commission held meetings with the District Internal Security Officer, the officer in charge of Greater Masaka Regional Criminal Investigations Department and the office of the Director of Public Prosecutions in Masaka, in which assurance was given that the situation was under control. The Commission was assured that the District Security Committee had increased night patrols, intensified intelligence gathering and had by 6th April 2017 apprehended 21 suspects. The State Attorney sanctioned two files and a combined number of 18 suspects appeared in court and were remanded to prison, while one file from Lwengo was still under review.

It is disheartening to note that the killings by unknown assailants have this year intensified and taken on a more dangerous and bold form in parts of the country. Consequently, they have caused a lot of anxiety among the citizens who are increasingly feeling insecure. The way the assailants operate, using intimidation tactics of dropping anonymous letters and seeming to know their victims, has caused a lot of fear and anxiety among the communities in the affected districts, the neighbouring areas and the country at large.

On the other hand, whereas these cases are currently being handled by police and other stakeholders within the criminal justice system, the Commission would like to caution on respect of the rights of suspects. The Commission’s Regional Office in Soroti, for instance, has already received complaints regarding violations of the right to life; torture and detention of suspects beyond the constitutional 48 hours by the police.

The Commission whose mandate is to protect and promote human rights in Uganda, is concerned about the reported killings because they infringe on a number of fundamental human rights provided for in the Constitution of Uganda, the regional and international human rights instruments to which Uganda is party. Article 22 (1) of the Constitution of Uganda prohibits the deprivation of the right to life except in execution of a sentence after a fair trial. Nonetheless, we acknowledge that they could be outright crimes and matters of security which squarely fall within the jurisdiction of law enforcement agencies and the judiciary.

Apart from the obvious violation of the right to life, these killings also disrupt the lives of the victims’ dependents who may consequently suffer economic hardships that affect a whole range of rights including the rights of children and other dependants.

The Commission has previously condemned such wanton killings and made recommendations on how to address the situation. Our findings on the possible causes of these killings ranged from misuse of fire arms especially by security guards; guns being in the wrong hands after forcefully grabbing them from security personnel; to the high prevalence of poverty and hard economic conditions compounded by increasing unemployment levels that make the victims vulnerable and desperate for survival.

Factors that fanned the situation included the low policing capacity evident in the lack of modern investigation equipment; declining community vigilance including lack of LC structures; inadequate funding to the Uganda Police Force; increased cases of human sacrifice and domestic violence. Land disputes; porous borders and laxity in security and immigration procedures at borders and increased incidence of mob action were also reported to have contributed to the high incidence of killings in Uganda over the past years. The Commission published these concerns in its 2013 Annual Report.

In view of the foregoing, the Commission recommends that:

Government through the police should fufill its duty to protect the citizens and their property by adequately equipping the police to identify criminal elements in the communities and apprehend them

The police should expedite investigations into these murders, conclude them and bring the culprits to justice as well as manage the fear and anxiety among communities and the country at large;

Government should urgently conduct Local Council elections in order to have legally elected leaders at the grassroots who will be charged with ensuring security in their jurisdictions;

Government through police and other security agencies should strengthen their intelligence gathering function in order to stem crime;

Police should strengthen its community policing and neighbourhood watch programmes across the country in order to weed criminals from the communities

Citizens should report to police any suspicious elements in their communities;

Government should urgently address the problem of the increasing number of unemployed youth in the country who have become desperate for survival;

Government should urgently address the issue of guns in illegal hands by streamlining the issuance of guns to private individuals;

Government should put in place alternative livelihood programmes for veterans;

Members of the public should respect each other’s rights including the right to life and respect the rule of law by desisting from criminal activities.

KAMPALA - The Chairperson of the Uganda Human Rights Commission Mr. Med S.K Kaggwa was on Wednesday 30th November 2016 unanimously elected as the next Chairperson of the Independent Permanent Human Rights Commission (IPHRC) of the Organisation of Islamic Cooperation (OIC) with effect from January 2017.

The one year mandate was handed over to Mr. Kaggwa during the 10th Regular Session of the Independent Permanent Human Rights Commission which was held from 27th November to 1st December, 2016 in Jeddah, Saudi Arabia. The IPHRC holds two annual regular sessions, which are convened at its Secretariat in Jeddah, Saudi Arabia or in any other Member States offering to host the session.

The Independent Permanent Human Rights Commission was formally launched with the adoption of its Statute by the 38th Session of the Council of Foreign Ministers (CFM) held in Astana, Kazakhstan, on 28-30 June 2011 following its incorporation in the New OIC Charter adopted by 11th Islamic Summit held in Dakar, Senegal, on 13-14 March 2008. It follows the internationally recognized norms, standards and procedures for ensuring objectivity, independence and professionalism in the performance of its mandated tasks.

IPHRC’s objectives and mandate cover a wide range of activities including advising OIC’s policy-and-decision-making bodies on all matters in the area of human rights; pursuing interfaith and intercultural dialogue as a tool to promote peace and harmony among various civilizations and to promote the true image of Islam and promoting cooperative working relations with relevant bodies of UN and OIC, as well as relevant regional human rights mechanisms among other objectives.

The Commission comprises 18 Members with established distinction in the area of human rights. They are elected on the basis of the principle of equitable geographical representation of six members from each of the three geographical regions, namely Africa, Arab and Asia and also gives due regard to gender balance. Members of the Commission are nominated by respective governments and are elected by the Council of Foreign Ministers (CFM).

Members of the IPHRC are elected by secret ballot and chosen from amongst personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human rights. Mr. Kaggwa who has previously served on the IPHRC holds these positions on secondment by the government of Uganda and represents the African Group. Other newly elected members who will work as Vice Chairpersons of the IPHRC are Dr. Rashid AL Balushi from the Arab group and Dr. Raihanah Binti Abdullah from the Asia group.

Mr Kaggwa’s new assignment is a one-year term and of a part-time nature.

TheJustice, Law and Order Sector on October 27 2016 held the 2016 edition of the JLOS Recognition Awards during the 21st Annual JLOS Review conference at Speke Resort Munyonyo. The Chief Justice presided over the ceremony.

Below is a list of recipients for the 2016 JLOS Recognition Awards.

THE JLOS EXCELLENCE AND QUALITY AWARD

Uganda Registration Services Bureau (URSB)

URSB has excelled in streamlining business registration processes through an on-line business name application solution installed to facilitate online name search and business name reservations. Services such as name search, reservations and assessment of fees payable can now be processed in one day – an unprecedented achievement in Uganda. URSB’s excellence in service delivery is pivotal to Uganda’s improving ratings in global competitiveness and has significantly contributed to the doing business environment and improved the country’s prospects as a viable investment destination.

THE JLOS INNOVATION AWARD

Judiciary

The Judiciary has been at the forefront of justice innovations over the years. The Judiciary recently launched the Audio-Visual Link project that makes it possible for courts to receive evidence by audio video link from witnesses who cannot appear in court due to infancy, old age, distance and costs. This technology innovation is an effective and cost effective enabler of access to justice for the vulnerable – a signature outcome of the JLOS Third Strategic Investment Plan.

THE JLOS CUSTOMER SERVICE AWARD

Uganda Registration Service Bureau (URSB)

URSB’s accomplishments in the area of customer service excellence exemplified by the recent establishment of a fully functioning call center and vibrant social media platforms, distinguish URSB's commitment to excellent customer service pivotal to Access to Justice. URSB continues to creatively engage with its clientele through people-oriented services that have transformed the Bureau into a key player and benchmark in efficient and effective service delivery.

Uganda Prisons Service

Uganda Prisons’ customer care approach evident in prison facilities across the country has positively changed the image of the Prisons service.

THE JLOS HUMAN RIGHTS DEFENDER AWARD

MR. Anatoli Muleterwa

Mr. Anatoli Muletwerwa is champion of human rights awareness in the Uganda Police through sensitization of the public using various media platforms. His pro-people approach has earned him the nickname “omulwani w’dembe ryabantu (high rights defender)” from a popular radio talkshow “Police nomuntu wabuligyo”

ASP Muleterwa is a member of the Paralegal Services and head of community policing, Kampala Metropolitan Police (KMP).

THE JLOS MILESTONE ACHIEVEMENT AWARD

National Identification and Registration Authority (NIRA)

For the unprecedented and successful implementation of the National Identification Project.

THE JLOS PUBLIC AFFAIRS AND MEDIA RELATIONS AWARD

Judiciary

The Judiciary has over the last financial year carried out extensive public sensitization campaigns across the country through barazas, radio talkshows and open days on issues of plea-bargaining, Small claims procedures and other access to Justice issues. The Judiciary has during these sensitization campaigns partnered with other JLOS institutions as a demonstration of the sector-wide approach to access to justice. Efforts of the Judiciary to reach out to the public are yielding fruits in positively changing negative perceptions about the Judiciary in the public domain.

THE JLOS MEDIA REPORTING AWARD

MR. Anthony Wesaka

Anthony Wesaka is a journalist with the Daily Monitor who specializes in reporting on justice, law and order issues. Mr. Wesaka has for the last eight years consistently and objectively covered groundbreaking news and feature stories in many JLOS institutions.

THE JLOS PARTNERSHIP AND COLLABORATION AWARD

Legal Aid Service Provider’s Network (LASPNET)

LASPNET has constructively and consistently engaged with the Sector on issues of access to justice especially regarding advocacy on the Legal Aid Policy.

THE JLOS LIFETIME ACHIEVEMENT AWARD

Lady Justice Leticia Kikonyogo

As a former Deputy Chief Justice Justice and Head of the Court of Appeal, Lady Justice Leticia Kikonyogo served the country and the Judiciary diligently in a glittering career spanning decades.

Dr. S.P Kagoda

Having diligently and faithfully served in as permanent secretary in the Ministry of Internal Affairs, Dr. S.P Kagoda has tremendously contributed to growth of the Justice, Law and Order Sector for more than a decade as a member of the JLOS Steering Committee. He has also been part of the peace process for Northern Uganda and as permanent secretary he led the multi-sectoral team to successfully implement the National ID project – a an unprecedented groundbreaking achievement for Uganda.

Mr. Tommy Ochen (RIP)

As a former Director of Correctional Services, Uganda Prisons who was instrumental in the award winning Prisons Rehabilitation Programme that continues to transform the lives of many prisoners across the country. Mr. Ochen’s selfless and dedicated service as a member of the JLOS Technical Committee was instrumental in shaping the policy and strategy of the Sector.

Though he is departed and no longer with us, the Justice, Law and Order celebrates his contribution and is proud to honor his honorable legacy.

Hon. Fredrick Ruhindi

Having served in the Sector in various capacities – State Attorney (1981-1992); Deputy Attorney General and Minister of State for Justice and Constitutional Affairs (2006-2015) and Attorney General (2015 – 2016), Hon. Fredrick Ruhindi was instrumental in shaping Uganda’s justice, law and order landscape both from a technical, professional and political perspective. For his contribution, leadership and inspiration during the formative early years of the Sector, Hon. Ruhindi’s legacy lives on – through the big strides made by the Country and the Sector in the rule of law and administration of justice during his 35 years of diligent, people oriented and dedicated service.

For more information and inquiries on the JLOS Recognition Awards, email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The Chairperson of the Uganda Human Rights Commission (UHRC) Mr Med Kaggwa last week toured Karamoja sub-region to acquaint himself with the human rights situation in the region. The week-long trip of the Chairperson and other UHRC officials including Mr Kamadi Byonabye the Director in charge of regional services began on Sunday August 14, 2016. They visited Moroto, Kotido, Nakapiripirit and Kaabong districts.

The Chairperson and his team visited and interacted with various stakeholders especially those in the Justice, Law and Order Sector (JLOS) based in the different districts in the Karamoja sub-region. They engaged with District Police Commanders, Uganda Prison Services officials, Resident State Attorneys, the Magistrates Grade 1 in Kaabong and Nakapiripirit districts and Chief Magistrates in Kotido and Moroto districts. In Moroto they held discussions with officials of the Ministry of Justice and Constitutional Affairs, the UN Human Rights, Resident District Commissioners (RDCs) and Local Council V officials. The UHRC team also visited the Justice for Children (J4C) civil society organization operating in Karamoja sub-region focusing on children.

On Thursday 28th July 2016, the Uganda Human Rights Commission (UHRC) presented its 18th Annual Report to the Speaker of the Parliament of Uganda Rt. Hon Rebecca A. Kadaga at the Speaker’s Chambers in Parliament.

The function which was performed by the Chairperson of the Uganda Human Rights Commission Hon. Med S.K Kaggwa, was in fulfillment of Article 52 (2) of the 1995 Constitution of the Republic of Uganda requiring the Commission to publish and submit annual reports to Parliament on the state of human rights and freedoms in Uganda. Also in attendance were Members of the Commission Dr. Katebalirwe Amooti, Mr. Joseph Etima, Col. Stephen Basaliza and the Secretary to the Commission Mr. G.T Mwesigye. The function was also attended by members of the UHRC management committee.

Speaking after the Chairperson of UHRC had presented the highlights of the report, the Speaker of Parliament commended the Commission for the great work that it continues to do and for ensuring that it fulfilled its constitutional obligation of publishing and submitting to Parliament its reports on an annual basis. The Rt. Hon Kadaga urged UHRC to closely collaborate with the Ministry of Education and Sports to streamline human rights in all the school curricula in order to entrench the culture of human rights among the young children at an early age.

Earlier in his remarks, the Chairperson of UHRC had commended the Speaker for expediting the process of approving the appointments for the new members of the Commission in February this year after a lapse of about ten months without a constituted Commission on expiry of their old term of office in April 2015. He also noted that the late submission of the 18th Annual Report was as a result of the absence of a fully constituted Commission.

The report was later launched to the public at Imperial Royale Hotel to about 300 guests who included representatives of development partners; civil society organisations; students; representatives from government ministries, departments and agencies; PWDs; security agencies; members of the media and members of the general public.

Also in attendance at the public launch were representatives of foreign missions to Uganda such as the United States of America, Sweden, France and Ireland. Other guests included the Dr. Uchenna Emelonye the Head of Office for the United Nations Office of the High Commissioner for Human Rights in Uganda, Members of Parliament and members of the Academia.

Highlights of the nine chapter report which is divided into two broad sections with one covering the strategic interventions undertaken by the UHRC in line with its specific functions outlined under Article 52(1) (Chapter 1-4) and the other consisting five chapters, which makes an assessment of the human rights situation in 2015 in (Chapters 5-9) were presented at the public launch ceremony by the UHRC and Dr. Christopher Mbazira from the School of Law, Makerere University made a critique of the report.

The 263 page report gives a detailed assessment of the state of human rights and freedoms in the country during 2015. The report reveals that the UHRC received a total of 4,227 complaints, marking an 8.27% increase from the 3,904 complaints registered in 2014. In 2015, the UHRC registered nine election related complaints and the highest number of complaints registered included the violation of freedom from torture and cruel, inhuman or degrading treatment or punishment (37.95%), followed by detention beyond 48 hours (27.17%), denial of child maintenance (14.3%), deprivation of property (7.04%) and deprivation of life (3.96%).

The Uganda Police Force remained on top of the list of violators of human rights in 2015, with 385 (50.65%) complainants out of the total of 760; followed by private individuals with 182 (23.94%) and the Uganda People Defence Forces with 97(12.76%). UHRC conducted mediations for 163 complaints, which was an increase of 34.71% from 121 mediated in 2014, while the UHRC Tribunal concluded 85 complaints in 2015, posting a 58.7% reduction from the 206 complaints in 2014. The performance of the tribunal was affected by the absence of Commissioners to preside over the hearings given the ten-month period taken to re-appoint them on expiry of their term of office in April 2015.

The report shows that the UHRC Tribunal awarded a total of UGX 579,300,000 (Five hundred seventy nine million, three hundred thousand Uganda Shillings only) to victims of human rights violations and as of 31st December 2015, the outstanding awards against the Attorney General were UGX 5,047,671,968 (Five billion, forty seven million, six hundred seventy one thousand, nine hundred sixty eight Uganda Shillings only). In his remarks to the Speaker, the Chairperson of UHRC re-echoed the concern of delayed payment of compensation awards and advocated for a separate Compensation Fund for victims of human rights violations.

In fulfillment of its function of inspecting detention centers in the country to assess the condition of inmates, the UHRC inspected 896 detention facilities and of these, 173 were prisons, 205 police stations, 509 police posts, 4 military detention facilities and 5 remand homes.

The UHRC also inspected Nalufenya detention center in Jinja and the Special Investigations Unit in Kireka following reports of missing persons for election related offences and the suspects were charged before courts of law and released. In the 18th Report, the UHRC again noted some positive developments as well as recurrent structural and administrative challenges including cases of long and arbitrary detentions, children detained with imprisoned primary caregivers and inappropriate accommodation and sanitation facilities in detention centers visited.

On the delivery of human rights education and awareness programmes in 2015, the UHRC undertook several activities including workshops, trainings, community outreach programmes, road shows, media campaigns and advocacy aimed at enhancing the levels of human rights awareness and nurturing a human rights culture for both duty bearers and rights holders. According to the report, UHRC sensitized a total of 43,878 people drawn from state and non-state actors and enhanced its civic education interventions in preparation for the 2016 General Elections.

Grassroots human rights awareness campaigns were conducted in 72 districts through community meetings (Baraza) and other interventions which included village road shows, media campaigns through live phone-in radio talk shows, radio spot messages, television talk shows, infomercials, newspaper supplements and press conferences to inform and engage with the general public on human rights issues.

The report also highlighted support activities relating to human, financial and logistical resources critical for implementing the UHRC constitutional mandate. It revealed that UHRC received total funding of UGX 14.6 billion; of which UGX 9.78 billion was appropriated by Government, while UGX 4.9 billion was provided by development partners. Despite the growing funding from the Government at an average rate of 4.5% per year since FY 2011/12, the appropriation of funds has not corresponded with the UHRC needs. As such, the UHRC has continued to rely on donor funding to fulfill its mandate and has not adequately carried out its mandate especially in the area of offering continuous civic education to the citizens.

The recently launched report flagged some key emerging and recurrent human rights concerns with serious human rights implications experienced within 2015. It highlighted human rights concerns in babies’ and children’s homes in Uganda; the state of specific rights of selected vulnerable persons namely: older persons, people living with albinism, persons with physical disability and ex-combatants; the plight of domestic workers; environmental degradation by selected businesses; and the impact of digital technology on personal data safety, human rights and responsibilities.

Specific human rights concerns raised in the report included: discrimination of persons living with albinism; exploitation, harassment and abuse of domestic and migrant workers; inadequate measures to prevent, mitigate and remedy human rights abuses by businesses; and the inadequate protection of digital rights. The report also makes recommendations to the various stakeholders.

Still in the report, the UHRC examined the country’s preparedness for the 2016 General Elections by assessing election related activities during 2015. In addition to assessing the level of preparedness of the Electoral Commission, political parties, legislators, CSOs, the general public and other key stakeholders in the electoral process, the UHRC also developed the Early Warning and Early Response (EW&ER) mechanism to identify and promptly respond to human rights concerns identified prior, during and after the elections.

UHRC also carried out civic education, monitored detention facilities to locate missing persons reportedly detained on account of election-related incidents and put in place a special complaints-handling mechanism to specifically document and handle election-related complaints. Despite the peaceful nomination of presidential candidates, and progress in updating and displaying the voter register, the report noted challenges such as the inadequate voter and civic education; lack of and or inadequate internal democratic processes in political parties; inadequate and late electoral reforms; and subjective interpretation and selective application of the law and election guidelines, among others. The report also made pertinent recommendations for future improvements in preparation for electoral processes.

The UHRC undertook monitoring visits to a cross-section of ethnic minority groups to assess the human rights situation of some of the ethnic minorities in Uganda. The ethnic minority groups visited included the Benet, Ik, Kuku, Ngikutio, Napore, Tepeth, Batwa, Nyangia located in Kisoro, Kabale, Bundibugyo, Yumbe, Kaabong, Moroto, Kween and Bulambuli districts in Uganda.

The UHRC visits to these groups intended to establish the progress made so far following the recommendations earlier made in its previous monitoring visits and findings reported in its 11th Annual Report of 2008. The current report points out the outstanding human rights concerns, but also the positive interventions. The human rights concerns for the ethnic minority groups visited included inadequate participation in the development process, poor appreciation of their culture and increased vulnerability due to frequent incidents of land evictions.

As a National Human Rights Institution (NHRI), the UHRC has a duty to review and analyse bills, laws and policies in order to ensure that they are in line with human rights obligations and standards and not in conflict with existing laws. The report therefore presented the UHRC position and highlighted recommendations that were submitted and incorporated by parliament in the Non-Governmental Organisations Bill, 2015 (NGO Bill) and the Constitution Amendment Bill, 2015 that were subsequently passed into law; as well as the Persons with Disabilities Bill, 2014 (PWDs Bill) and the Children (Amendment) Bill, 2014. Though the Bills generally sought to domesticate international conventions that government had ratified and introduced oversight mechanisms for, the UHRC noted that there were still several human rights concerns that needed urgent attention.

The report also gave an account of the status of implementation of the various recommendations made to Government by UHRC and the extent of fulfillment of Treaty Body Reporting obligations in its previous annual reports. The report revealed that the UHRC in partnership with the Ministry of Foreign Affairs and the Ministry of Justice and Constitutional Affairs had with support from the Office of the High Commissioner for Human Rights (OHCHR), Uganda, developed a database and search engine as a monitoring tool for use by the various government ministries, departments and agencies to track their compliance with all human rights recommendations from international and regional human rights mechanisms, as well as the UHRC recommendations. The data base is expected to strengthen the monitoring and reporting mechanisms of Uganda on human rights.

The Human Rights Tulip is an annual award of the Dutch government (organized by the Dutch MFA) for human rights defenders (individuals or organizations). The award started in 2008 and has over the years been awarded to individuals and organisations from a variety of countries who promote and support human rights in innovative ways. The aim is to put their valuable work in the public spotlight. Individuals or organizations working to promote and protect human rights anywhere in the world can be nominated.

By winning the award, the winner gains international recognition and the award comes with support worth €100.000 to assist the winner to further develop and scale up their work. The prize money enables the winner to further develop or expand the scale of their human rights work, benefiting more people, in as many places as possible. Annually the Dutch Minister of Foreign Affairs, Mr Bert Koenders presents the award to the winner.

In 2015 the Human Rights Tulip was awarded to IRA-Mauritania, an organisation working to end slavery. It is using the prize money to expand and improve their work.

Individuals and organizations are welcome to nominate themselves or put forward a candidate between now and June 4 by filling out the nomination form. The link to make nominations is: http://www.humanrightstulip.nl/nominate

By This email address is being protected from spambots. You need JavaScript enabled to view it.

On December 16, 2015, the National Union of Disabled Persons of Uganda (NUDIPU) organized a strategic planning meeting for CSOs and key JLOS institutions to devise methods to actualize recent judicial pronouncements on rights of persons with mental disabilities in the criminal justice system. The event indicated that while progress had been made through joint efforts, more work lays ahead.

In 2011, CEHURD petitioned the Constitutional Court to repeal degrading laws, practice and usage of language towards persons with mental disabilities in criminal justice system, particularly s. 45(5) and s. 86(2) of the Trial on Indictments Act, Chapter 23, and s. 130 of the Penal Code Act, Chapter 120. On October 31, 2015, the petition was upheld by the Constitutional Court, with the prayers for relief sought being granted.

IGA Daniel v. AG is a strong step forward for the equality rights of persons with disabilities. In particular, the Constitutional Court of Uganda at Kampala reviewed the human rights framework applicable in Africa, the Ugandan Constitution and previous Court decisions and then decided as follows at page 22, lines 11-17:

We have found this jurisprudence persuasive, especially as the African Charter is similar to Article 23 of the Constitution. Both protect the liberty of the individual. We therefore conclude that the Minister is procedurally and substantively not a competent person to certify the deprivation of liberty of the alleged mentally ill accused person, without first seeking medical advice and without according the affected person a hearing.

Background of the NAPFollowing the Universal Periodic Review (UPR) of Uganda’s human rights situation by the United Nations Human Rights Council which was conducted in 2011 in Geneva, Uganda Government made a voluntary pledge to the UN Council to develop a Human Rights National Action Plan (NAP) to provide a framework for coordinating the implementation of human rights commitments in the country.

What is NAP?The National Action Plan on Human Rights (NAP) is a key policy document which embodies the government’s commitments to the protection and promotion of human rights, outlining clear goals and describing strategies to be used in achieving the set targets and defining clearly stipulated time-bound indicators. In Uganda, it is expected that the NAP will be integrated into the National Development Plan II.